Jeffrey Cavignac | Construction Executive Direct damage to property under construction caused by faulty or defective work or defective materials has been a coverage issue for decades. Two specific policies, the Commercial General Liability for the contractors building the structure and the Builders Risk Policy on the project both are sources of potential coverage. A… Continue reading CGL, Builders Risk Coverage and Exclusions When Construction Defects Cause Property Damage
Month: May 2021
Know and Meet Your Notice Requirements or Lose Your Payment Bond Claims
Chris Broughton | ConsensusDocs Introduction: Time is of the essence in the construction industry, and failing to provide timely notice of your payment bond claim can end your chance of recovery. Payment bonds guarantee payment for the subcontractors and suppliers who provide labor or materials on covered construction projects. Federal and state statutes governing payment… Continue reading Know and Meet Your Notice Requirements or Lose Your Payment Bond Claims
Avoid Creating Coverage By Estoppel, Waiver & Forfeiture: California
Alicia Gurries | Cozen O’Connor Waiver, estoppel and forfeiture are doctrines on which insureds often rely to try to create coverage outside the terms of the insurance policy. Insureds will often assert that they are entitled to such extra-contractual coverage based entirely on how the insurer handled the claim. But under California law, these doctrines often do not apply,… Continue reading Avoid Creating Coverage By Estoppel, Waiver & Forfeiture: California
The Ultimate Sanction: Dismissal as a Spoliation Remedy
Richard Maleski | Cozen O’Connor It will come as no surprise to subrogation professionals that retaining evidence for future inspection is essential to successfully prosecuting a subrogation claim. A new opinion out of the U.S. District Court for the Western District of Virginia demonstrates just how essential evidence retention is. In Nautilus Insurance Co. v. Appalachian… Continue reading The Ultimate Sanction: Dismissal as a Spoliation Remedy
Construction Costs Must Be Reasonable
David Adelstein | Florida Construction Legal Updates When it comes to proving a construction cost, particularly a cost in dispute, the cost must be REASONABLE. Costs subject to claims must be reasonably incurred and the party incurring the costs must show the costs are reasonable. An example of the burden falling on the contractor to prove… Continue reading Construction Costs Must Be Reasonable